STURTEVANT v. HOME TOWN BAKERY, INC.


192 A.D.2d 904 (1993)

597 N.Y.S.2d 176

George Sturtevant, Respondent, v. Home Town Bakery, Inc., et al., Defendants, and Hobart Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 22, 1993


Mikoll, J.

Plaintiff's proof reveals that on the morning of February 20, 1991, he purchased a cup of coffee and a glazed doughnut at a Stewart's Shop owned by defendant Stewart's Ice Cream Company, Inc. Plaintiff sat down at a booth to eat the doughnut and when he bit into it his teeth came into contact with a hard metal object or objects, causing one tooth to break. Plaintiff removed the metal from his mouth, discarded the remainder of the doughnut and...

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